CLA-2-30:RR:NC:2:238 F86615

Ms. Dody Trombley
Norman G. Jensen, Inc.
P.O. Box 2457
Champlain, NY 12919

RE: The tariff classification of Gentle Touch™ Flea Drops from Canada

Dear Ms. Trombley:

In your letter dated April 24, 2000, on behalf of Confab Laboratories Inc., you requested a tariff classification ruling.

The submitted sample, Gentle Touch™ Flea Drops, consists of six, snap-open, plastic tubes put up for retail sale in a paperboard container. Each tube contains a formulated insecticide indicated for topical application on dogs and cats to kill fleas.

Although the paperboard container indicates that the flea drops contain “[N]o Pesticides,” we note that the two active ingredients contained in the formulation, namely, Sodium lauryl sulfate (7.00%) and Citric acid (5.00%) are, in fact, considered pesticides - albeit minimal-risk pesticide substances - by the U.S. Environmental Protection Agency (EPA), notwithstanding their exemption from the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Federal Register / Vol. 61, No. 45 / Wednesday, March 6, 1996 / Rules and Regulations. We further note that the inert ingredients contained in the formulation, namely, Hydrogenated vegetable oil, Soybean oil, and Glycerin, all appear on the list of inert ingredients identified as minimum risk inerts (list 4A inerts). Federal Register / Vol. 59, No. 187 / Wednesday, September 28, 1994 / Notices. Accordingly, in light of the present wording appearing on the paperboard container, i.e., “No Pesticides,” we strongly advise you to contact the U.S. Environmental Protection Agency, Office of Pesticide Programs, 401 M Street, S.W., Washington, DC, 20460, telephone: 703-305-7092, for a resolution of this matter. Finally, although the active ingredients are characterized as pesticide substances by the EPA, it is our determination that the subject product has the essential character of a veterinary medicament. Explanatory Note 38.08 (exclusion (c)), HTS. The applicable subheading for the subject product will be 3004.90.9003, Harmonized Tariff Schedule of the United States (HTS), which provides for "[M]edicaments … consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: Other: Other: For veterinary use." The general rate of duty will be free.

In addition to possible regulation by the EPA, this merchandise may also be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 301-443-1544.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Harvey Kuperstein at 212-637-7068.


Robert B. Swierupski
National Commodity
Specialist Division